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Civil Asset Forfeiture: Grading the States

Civil asset forfeiture is a unique area of law in which the government charges specific property of being guilty of wrongdoing, rather than a person. Perhaps because the property is accused of wrongdoing, and not the person, governments often place lower standards of proof needed to forfeit the property. The procedures used by the federal government and many state governments creates grave Fourth and Fifth Amendment concerns.

Since 2008, the federal government has regularly brought in over $1 billion a year in forfeiture proceeds. Although most states lack reporting requirements that would allow us to track forfeiture proceeds, those that do report reveal that states regularly bring in millions of dollars each year.

While civil asset forfeiture has been used as a funding source since our country’s founding, the practice has accelerated at the state and local level since the 1980s. With the creation of new taxes (income, sales, property, corporate) civil asset forfeiture should no longer be needed to raise revenue for governments that have plenty of other revenue streams.

In the wake of rising public outcry against abusive civil asset forfeiture laws, states such as Minnesota, New Mexico, and Montana have led the reform movement, and other states such as California, Michigan, and Pennsylvania are in the midst of meaningful discussions about reforms. While this movement is great, more states and the federal government, need to follow their lead and reform their own civil asset forfeiture laws.

With civil asset forfeiture becoming a bigger issue at the state and federal levels, FreedomWorks has released its guide to Grading the States on this important issue. As can be seen by the grades of the states and federal government, there are still plenty of reforms to be implemented before this travesty of justice is corrected.

Nice article... Nearly every state, the District of Columbia and the federal government have civil forfeiture laws, but they differ in their financial incentives and their procedures. This report grades state and federal civil forfeiture laws based on the incentives they create for law enforcement agencies to police for profit and the protections they afford to property owners.

The Private Property Rights Protection Act, H.R. 1689, is scheduled for action today in the House of Representatives. The bill is a response to the Supreme Court's decision in the Kelo v. New London (2005). Perhaps by coincidence, Little Pink House, which tells the story of Susette Kelo and her fight against eminent domain abuse, comes out on DVD and digital tomorrow.

On behalf of FreedomWorks’ activist community, I urge you to contact your Senators and urge them to vote YES on limited government amendments to the National Defense Authorization Act (NDAA), H.R. 5515. These two amendments would restore much needed congressional oversight on investment policymaking and guarantee due process of law for American citizens in accordance with the Fifth Amendment to the Constitution.

The issue of eminent domain is receiving renewed interest thanks to a new movie about Susette Kelo, whose property was taken by the City of New London, Connecticut to enhance the city’s tax base. The movie, Little Pink House, was recently released in select theaters across the country. Conservative columnist George Will wrote that the movie, which was directed by Courtney Balaker and co-produced by Ted Balaker, “will win the Oscar for best picture if Hollywood’s political preening contains even a scintilla of sincerity about speaking truth to power.”

The Consolidated Appropriations Act, H.R. 1625, is packed full of legislative priorities for leadership and other items to get enough votes for passage. Most of what was negotiated and slipped into the Consolidated Appropriations Act, known as the “omnibus,” behind closed doors is bad for taxpayers or just bad policy. Unfortunately, amendments that were previously passed by the House to prevent the Department of Justice from ramping up its use of civil asset forfeiture were not included in the bill.

Competition is the hallmark of our economy. It promotes freedom of choice, innovation, and will lead to better products and prices for consumers. Not only that, but it is a key driver of job growth for Americans.

A little more than a month ago, the White House and tax-writers in the House and Senate rolled out the Unified Framework for Fixing Our Broken Tax Code. The goal of the framework was to provide a sign to both members of Congress and the American people on the direction that the House Ways and Means Committee and the Senate Finance Committee would take when they began work on this crucial effort.

Widespread controversy over the Foreign Intelligence Surveillance and Accountability Act (FISA) continues, as the December 31 deadline for reauthorization is fast-approaching. Politicians and civil liberties groups alike have worked for several years, particularly since the revelations made by Edward Snowden, in an attempt to strike a balance between privacy and national security. FISA has been a centerpiece of this discussion, and its reauthorization discussions have brought it once again to the forefront.

The House of Representatives will consider the Make America Secure and Prosperous Appropriations Act, H.R. 3354. The bill consolidates the eight remaining appropriations measures for FY 2018, including Commerce, Justice, and Science (CJS) and Transportation and Housing and Urban Development (T-HUD). The House has already passed one consolidated appropriations bill, H.R. 3219, which authorized spending for the Department of Defense, the legislative branch, the military and veterans affairs, and energy and water.